Appointment of Fit Person by Joint Commissioner challenged.

The revision petitioner herein is the respondent and the respondent herein is the petitioner before the District Munsif-cum-Judicial Magistrate, Mudukulathur in Crl.M.P.No.1574 of 1997.

2. The respondent/petitioner herein filed an application under Sec.101 of H.R. & C.E. Act of 1959 before the Judicial Magistrate at Mudukulathur in Crl.M.P.No.1574 of 1997 to direct the delivery of possession of Arulmigu Kamatchi Amman Karupannaswami Thirukoil, Sayalgudi to the petitioner, who is the fit person appointed and in case if there is any resistence, to direct the Inspector of Police, Sayalgudi to give necessary bandobust to the petitioner in taking delivery of possession of the said temple on the following grounds: The petitioner is now working as Executive Officer of Arulmighu Chookanathaswami Thirukoil, Aruppukottai, Kamarajar District. He has been appointed as fit person of Arulmighu Kamatchi Karupannaswami Thirukoil, Sayalgudi, Kadaladi Taluk, Ramnad District as additional charge to his work by the learned Joint Commissioner, H.R. & C.E., Sivaganga in his proceedings Nada Na.Ka. No.5682/96/21, dated 15. 1997. The respondent was also directed to hand over the administration of the temple immediately to the petitioner and the petitioner was also directed after taking the charge of the temple to report to him. Since the petitioner was appointed to discharge the functions of the Arulmighu Kamatchi Karuppapnaswamy Thirukoil, Sayalgudi, which is listed as per Sec.46(1) of the Act by the learned Commissioner, in accordance with the provisions of the Act, the respondent is not entitled to be in possession on his own account of the said temple. When the petitioner went to the temple on 3rd June, 1997 to take charge of the temple as per the order mentioned above, the respondent resisted it and prevented him from obtaining possession of the temple and threatened him with dire consequences. Hence, this petition.

3. The revision petitioner/respondent herein filed a counter-affidavit raising the following objections for the delivery of possession of the said temple: The petition under Sec.101 of the H.R. & C.E. Act of 1959 has been filed without getting “certificate” from the Commissioner, H.R. & C.E., Chennai, which is a mandatory one as prescribed in Sec.101 of the Act. The order of the Joint Commissioner, Sivaganga Vide Na.Ta.Ka. No.5682y96/Al dated 15. 1997 on which basis the present petition is filed, is under challenge before the Commissioner, H.R & C.E., Chennai by way of R.P.No.14 of 1997.The respondent herein filed the revision petition (R.P.No.14 of 1997) before the Commissioner as there is a statutory appeal under Sec.21 of the Act. The petitioner having fully known about the revision petition pending before the Commissioner, has filed this petition with motivated and vested interest. The Joint Commissioner passed an order on 15. 1997 itself appointing the petitioner herein as a fit person. The respondent’s forefathers founded the temple called “Shri Kamatchi-amman-Karuppanaswamy Koil” in their own land out of their own income exclusively for their family worship, which is now being managed and maintained by the respondent herein out of his own income. The said temple is purely a private one and meant for family worship not dedicated to the public and the temple will not come under the definition of a temple.

4. On the above pleadings and on the materials placed before him, the learned Judicial Magisrate at Mudukulathur came to the conclusion that the application filed by the respondent/petitioner herein is maintainable under law, and accordingly he directed the delivery of possession of the temple referred to above along with the connected documents and account books and to give protection to the respondent/petitioner herein by Sayalgudi police for taking such delivery of possession of the said temple. Aggrieved against the said findings of the learned Judicial Magistrate at Mudukulathur, the revision petitioner herein,